Laserfiche WebLink
CDC SPECIAL TERMS AND CONDITIONS <br />- (SUBJECT) <br />Assistant Deputy Director <br />Office of Contract Services <br />California Department of Corrections <br />P.O. Box 942883 <br />Sacramento, California 94283-0001 <br />10ontract Number ICM04358 <br />Exhibit D <br />Contractor shall specify in the formal written appeal the issue(s) in dispute, the particular <br />relief or remedy sought, the factual basis for contractor's claim or dispute, and <br />contractor's legal, technical and/or other authority upon which contractor bases its claim <br />or dispute. <br />The formal written appeal shall include a written certification signed by a knowledgeable <br />company official under the penalty of perjury according to the laws of the State of <br />California pursuant to California Code of Civil Procedure Section 2015.5 that the dispute, <br />claim, or demand is made in good faith, and that the supporting data are accurate and <br />complete. If an Agreement adjustment is requested, the written certification shall further <br />state under penalty of perjury that the relief requested accurately reflects the Agreement <br />adjustment for which the CDC is responsible. <br />If contractor is a corporation, the written certification shall be signed by an officer thereof. <br />If contractor is a sole proprietorship or partnership, it shall be signed by an owner or full <br />partner. If contractor is other than a corporation, sole proprietorship or partnership, it <br />shall be signed by a principal of the. company with authority to bind the company. <br />The Assistant Deputy Director, OC, shall issue a formal written decision on behalf of <br />CDC within thirty (30) calendar days of receipt of the properly addressed formal written <br />appeal. If mutually agreed by the parties, the date for the issuance of CDC's final written <br />decision may be extended. <br />d. Further Resolution <br />If the dispute is not resolved by the formal appeal process to contractor's satisfaction, or <br />contractor has not received a written decision from the Assistant Deputy Director, OCS, <br />after thirty (30) calendar days, or other mutually agreed extension, contractor may <br />thereafter pursue its right to institute other dispute resolution process(6s), if any, <br />available under the laws of the State of California. <br />e. Contract Disputes with Public Entities <br />A county, city, district or other local public body, state board or state commission, <br />another state or federal agency, or joint -powers authority shall resolve a dispute with <br />CDC,_ U any, through. a meeting of. representatives from. the. entities affected. - If the <br />dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter <br />pursue its fight to institute litigation or other dispute resolution process, if any, available <br />under the laws of the State of California. <br />2. Right to Terminate (Supersedes provision number 7, Termination for Cause,. of Exhibit C) <br />The State reserves the right to terminate this Agreement subject to thirty (30) calendar days <br />written notice to the contractor. Contractor may submit a written request to terminate this <br />Agreement only if the State should substantially fail to perform its responsibilities as provided <br />herein. <br />Im <br />